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Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title:
PAB-0215 Federal Patent Easement Abandonment
1st Meeting Date:
11/16/2022
2nd Meeting Date:
1/25/2023
Supervisor District:
4
Applicant:
Department of Transportation
Request:
Approve the abandonment of that portion of the Patent Easement as proposed
by the owner of the property located at 23842 N 97TH Avenue, Peoria, Arizona
85382 and being identified as Assessor Parcel Number 201-16-016F.
Department Recommendation:
Having received no objection to the full abandonment MCDOT recommends the
following: Abandon the West 33 feet of the N2 of the SE4 of the NW4 of the
SW4 of said Section 09; EXCEPT the North 33 feet; ALSO EXCEPT the South 155
feet.
Presented by: Jennifer Toth, P.E.,
Director of Transportation/County Engineer
Support/Opposition:
Request for comment has been circulated to all affected parties pursuant to
County Ordinance P-34, Section 2d. An Initial Determination was circulated for
review in May 2022, and results sent to the applicant in June 2022. The
Application was circulated in review in August 2022. The following responses
were received:
County Departments – No Objection: Transportation, Planning and
Development, Real Estate, and Flood Control District.
Utilities – No Objection: APS, CenturyLink, Southwest Gas and El Paso Natural
Gas.
Discussion:
Laws 2013, Chapter 46 amended Arizona Revised Statutes, Section 11-251.16 to
allow a county, at the request of a property owner, to abandon a federal patent
easement established by the Small Tract Act of 1938. On May 7, 2014 the
Maricopa County Board of Supervisors (BOS) approved Ordinance No. P-34,
adopting procedures for the abandonment of Federal Patent Easements. The
Maricopa County Department of Transportation (MCDOT) has considered and
processed this request for abandonment in strict accordance with A.R.S. Section
11-251.16 and Ordinance No. P-34.
Attachments:
Application / Proof of Ownership / Aerial Exhibit / Initial Determination Request
/ Legal Exhibit and Description